The Hindu Editorial Analysis- 4th January 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Striking fear

Why in News?

The provision in the Bharatiya Nyaya Sanhita (BNS) that treats hit-and-run accident cases as an aggravated form of the offence of causing death by rashness or negligence will be the first in the new, yet-to-be implemented code to be scrutinised for its severity.

More in News:

• The operators of truck, taxi and bus went on a nation-wide strike opposing the new provision of ₹7 lakh penalty and 10-year jail term for hit-and-run cases under the Bharatiya Nyay Sanhita, asking the central government to withdraw the provision claiming it could lead to their undue harassment.
• There is no specific provision for hit and run cases in India penal code.
• This has again raised questions on Road safety.

New Hit and Run Law:

Need for Law:

• Rising Hit and Run Cases:
  • Data from the ministry of road transport & highways (MoRTH) shows that
  • the share of hit-and-run cases in total road accidents and deaths was 14.6% and 18.1% in 2022.
• Rogue drivers are a big menace on Indian roads:
  • According to data given by  MINISTRY OF ROAD TRANSPORT AND HIGHWAYS(MORTH) about 72% of total accidents and 71% total deaths in road accidents in 2022 were on account of over speeding.
• Deaths caused:
  • India has shown a rising trend from 1.27Lakh death in 2020 to 1.55Lakh death in 2022 as per data of MORTH.
• Delays in filing charge sheets:
  • Police seem to have a harder time in filing a charge sheet in hit-and-run case.Charge sheets were filed in only 66.4% of hit-and-run cases disposed of by police in 2022.This suggests that not finding the perpetrator could be a reason behind the low charge-sheeting rate of hit-and-run cases.

Criticism of law:

• Bigger vehicles often blamed: Data shows that two-wheelers led the pack in terms of both crime vehicles and victim vehicles. In fact, two-wheelers hitting two-wheelers are the biggest entry in the crime-victim matrix. As far as trucks and lorries are concerned, they were the second largest entry in the crime vehicle group and their biggest victims were two-wheelers.
• 2.Fear of Mob lynching: In case drivers attempt to take accident victim to hospitals
• They may be attacked by mobs due to social stigma without proper investigation.
• Road Safety In India:

Brasilia Declaration 2015: It aims to remove road safety and focusses at reduction of traffic deaths by the end of this decade.

S Sunder committee: The main recommendations of the Committee include creation of the National Road Safety & Traffic Management Board

• The board will act as an Apex body at national level to promote road safety and traffic management in the country .
• About Motor Vehicles Act 1988:
• The Motor Vehicles Act 1988 is an Act of the Parliament of India which regulates all aspects of road transport vehicles.

The act was amended in 2019, 2022.

Motor vehicle amendment act 2019:

• Motor Vehicle Accident Fund: It provides a funding mechanism which would provide compulsory insurance cover to all road users in India for certain types of accidents.
• National Road Safety Board: It provides for a Board to be created by the Central Government through a notification.
• Good samaritans : It also provides for the protection of good samaritans.